Assembly Bill A9005

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9005
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              August 13, 2025
                                ___________
 
 Introduced by M. of A. SLATER -- read once and referred to the Committee
   on Social Services
 
 AN  ACT  to amend the social services law, in relation to establishing a
   waiver program allowing for longer stays at domestic violence shelters
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  459-b  of the social services law, as amended by
 chapter 7 of the laws of 2016, is amended to read as follows:
   § 459-b. Residential services for victims of domestic violence. 1.  In
 accordance with section one hundred thirty-one-u of this chapter and the
 regulations  of  the  office  of  children and family services, a social
 services district shall offer and provide necessary and available  emer-
 gency  shelter  and  services  for  up  to  ninety days at a residential
 program for victims  of  domestic  violence  to  a  victim  of  domestic
 violence who was residing in the social services district at the time of
 the alleged domestic violence whether or not such victim is eligible for
 public assistance. Two forty-five day extensions of necessary and avail-
 able  emergency shelter may be granted beyond the maximum length of stay
 at a residential program for victims of domestic violence for  residents
 who  continue to be in need of emergency services and temporary shelter.
 If the victim of domestic violence has a service animal as such term  is
 defined  in  section  one  hundred twenty-three-b of the agriculture and
 markets law, or therapy dog as such  term  is  defined  in  section  one
 hundred  eight  of  the  agriculture and markets law, respectively, such
 service animal or therapy dog shall be allowed to accompany  the  victim
 at  the residential program authorized pursuant to this section, so long
 as such accompaniment would not create an undue  burden  as  defined  by
 section two hundred ninety-six of the executive law.
   Where  such  accompaniment would constitute an undue burden, the resi-
 dential program shall make reasonable efforts to facilitate placement of
 such animal at an off-site animal care facility or if reasonable efforts
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07862-02-5
              

 A. 9005                             2
 
 fail, provide referral to one or more off-site animal  care  facilities.
 Such  off-site  animal care may include, but not be limited to, boarding
 at a veterinary hospital or under the auspices of  a  duly  incorporated
 humane  society,  or  duly  incorporated  animal  protection association
 approved for such purpose by the department of agriculture and markets.
   2. (A) NOTWITHSTANDING THE DURATION OF STAY LIMITATIONS SET  FORTH  IN
 SUBDIVISION ONE OF THIS SECTION, A SOCIAL SERVICES DISTRICT, THROUGH THE
 OFFICE  OF  CHILDREN  AND  FAMILY  SERVICES, WILL GRANT WAIVERS ALLOWING
 DOMESTIC VIOLENCE RESIDENTIAL PROGRAMS  TO  SERVE  VICTIMS  WHO  NEED  A
 LENGTH  OF  STAY IN EXCESS OF THE MAXIMUM ONE HUNDRED EIGHTY DAYS UPON A
 SHOWING THAT CIRCUMSTANCES PREVENT SUCH VICTIMS  FROM  MOVING  TO  SAFE,
 ALTERNATIVE HOUSING, AND REQUIRE THE LENGTH OF STAY TO BE EXCEEDED.
   (B)  A DOMESTIC VIOLENCE RESIDENTIAL PROGRAM SHALL APPLY TO THE OFFICE
 OF CHILDREN AND FAMILY SERVICES FOR A WAIVER ENABLING A VICTIM OF DOMES-
 TIC VIOLENCE TO REMAIN AT THE PROGRAM'S SHELTER FOR A  PERIOD  EXCEEDING
 ONE HUNDRED EIGHTY DAYS; PROVIDED THAT, NO SUCH WAIVER SHALL ALLOW FOR A
 STAY  THAT  SHALL  EXCEED  AN ADDITIONAL NINETY DAYS.   SUCH RESIDENTIAL
 PROGRAM SHALL MAKE A WRITTEN REQUEST FOR A WAIVER BY EMAILING THE SOCIAL
 SERVICES DISTRICT. A WAIVER MUST BE REQUESTED BY THE RESIDENTIAL PROGRAM
 FOR EACH RESIDENT REQUIRING A STAY IN EXCESS OF ONE HUNDRED EIGHTY DAYS.
   (C) WHEN APPLYING FOR A  WAIVER,  THE  DOMESTIC  VIOLENCE  RESIDENTIAL
 PROGRAM SHALL INCLUDE A DESCRIPTION OF THE FOLLOWING:
   (I) THE CIRCUMSTANCES LEADING TO THE REQUEST;
   (II) THE LENGTH OF THE WAIVER REQUESTED;
   (III)  IF  AND  HOW  THE  REQUEST WILL AFFECT THE PROGRAM'S ABILITY TO
 CONTINUE TO PROVIDE SERVICES.
   (D) REQUESTS FOR A WAIVER WILL BE REVIEWED AND DECIDED BY  THE  OFFICE
 OF  CHILDREN  AND FAMILY SERVICES WITHIN TWO BUSINESS DAYS OF RECEIPT OF
 THE REQUEST. THE OFFICE OF CHILDREN AND FAMILY SERVICES WILL EMAIL  BOTH
 THE  DOMESTIC  VIOLENCE  RESIDENTIAL  PROGRAM  AND  THE  SOCIAL SERVICES
 DISTRICT OR DISTRICTS THAT CONTRACT WITH THE DOMESTIC  VIOLENCE  PROGRAM
 TO  ADVISE  OF  ANY APPROVED WAIVERS. THE GRANTING OF A WAIVER SHALL NOT
 AFFECT THE PROCESS FOR OBTAINING REIMBURSEMENT  FOR  EMERGENCY  SHELTER.
 ONCE  A  WAIVER  FOR  AN  EXTENDED  LENGTH  OF STAY IS GRANTED, A SOCIAL
 SERVICES DISTRICT SHALL, IN ACCORDANCE WITH THE  PROVISIONS  OF  SECTION
 ONE  HUNDRED  THIRTY-ONE-U OF THIS CHAPTER, PROVIDE TIMELY REIMBURSEMENT
 FOR THE ENTIRETY OF SUCH LENGTH OF STAY.
   3. Nothing in this section shall be construed to limit any  rights  or
 obligations provided pursuant to federal or state law, including but not
 limited  to  providing  reasonable  accommodations  for individuals with
 disabilities.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized to be made  and  completed
 on or before such effective date.